Post-Decree — Legal Enforcement
Contempt of Court Guide
What to do when your ex violates the divorce decree — filing for contempt, what courts can order, and when it's worth pursuing.
What Is Contempt of Court?
Contempt occurs when a party willfully violates a court order — in this case, your divorce decree. The key word is willfully: the other party must have the ability to comply but chose not to. Inability to pay due to genuine hardship is typically not contempt.
Civil contemptMost common in family law
Criminal contemptRare; requires deliberate defiance
Civil contempt is remedial — the goal is to bring the party into compliance, not to punish. Courts prefer compliance over jail time.
Common Decree Violations
•Not paying child support (missed or partial payments)
•Not paying alimony / spousal support
•Violating parent-time (denying visits, withholding children)
•Failing to transfer property or accounts per decree
•Not refinancing the mortgage within the required deadline
Before You File — Do This First
☐Document everything
Record every missed payment with dates and amounts. Log denied parent-time with specific dates, times, and what was said. Save all texts and emails. Courts need specifics, not general complaints.
☐Try written communication first
Send a written notice (text or email) referencing the specific decree provision being violated and asking for compliance. This shows the court you attempted to resolve it without litigation. It also creates a paper trail.
☐Preserve all evidence
Screenshot texts and emails. Export bank statements showing missed deposits. Save voicemails. Back everything up somewhere you control.
How to File for Contempt
1.File a Motion for Order to Show Cause (OSC)
This is the standard contempt vehicle in Utah family courts. File with the same court that issued your divorce decree. The form is typically available at the court clerk's office or Utah Courts website.
2.Pay the filing fee
Typically $40–$100 depending on the court. Fee waivers are available for qualifying low-income filers.
3.Serve the other party
The other party must be formally served with the OSC motion. Process service rules apply — you cannot serve them yourself. A process server or sheriff's deputy can serve the papers.
What Happens at the Hearing
At the Order to Show Cause hearing, the other party must appear before the judge and explain why they failed to comply with the decree. This is their burden — they must "show cause" why they should not be held in contempt. You present your documentation. The judge decides whether contempt occurred and what remedy to impose. Hearings are typically scheduled within 4–8 weeks of filing.
What Courts Can Order
•Payment of all arrears (back-owed amounts) plus statutory interest
•Your attorney fees and court costs paid by the other party
•Make-up parent-time for denied visits
•Wage garnishment for ongoing support obligations
•Jail time — rare, last resort for civil contempt
Courts use incarceration only when all other remedies have failed and the party has the ability to comply but refuses to.
When to Hire an Attorney
Child support arrearsORS is often free and faster
Parent-time violationsContempt often necessary; consider attorney
Property transfer violationsAttorney strongly recommended
Utah's Office of Recovery Services (ORS) handles child and spousal support enforcement for free. For support issues, contact ORS before filing contempt yourself.
Alternatives to Contempt
Post-decree mediationFaster, cheaper, non-adversarial
ORS (Office of Recovery Services)Free support enforcement
Demand letter from attorneyOften prompts compliance without filing
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Know your rights after your decree is entered
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